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2021 ◽  
Author(s):  
Jie Huang

Consistent developments since 2016 demonstrate that China is determined to depart from its traditional practice – rejecting reciprocity-based judgment recognition and enforcement (JRE). This is strongly endorsed by China’s ‘One Belt, One Road’ Initiative. To develop the Chinese system of reciprocity-based JRE, China will make two efforts. First, it is likely to propose unbinding memos, like the China-Singapore Memo, to the supreme courts in countries alongside the OBOR. Second, Chinese Supreme People’s Court will issue a judicial interpretation to clarify the scope, requirements of, and defences against reciprocity-based JRE.


Author(s):  
Sabrina D’Andrea ◽  
Nikita Divissenko ◽  
Maria Fanou ◽  
Anna Krisztián ◽  
Jaka Kukavica ◽  
...  

Recent years have seen a growing volume of research on citations between courts from different countries. This article fills a gap in the current literature by presenting and analysing cross-citations between the highest domestic courts responsible for matters of private law in the EU from 2000 to 2018. It addresses two main questions: first, to what extent do judges cite foreign case law in their decisions? Second, what may explain the varying levels of engagement of supreme courts with foreign case law? Our findings offer a mixed result as to the nature and frequency of such cross-citations. Overall, we identify 2984 cross-citations; yet, only in few instances do we find a reciprocal relationship between the supreme courts of two countries, while more generally an asymmetric picture emerges. The article also discusses whether problems with the ease of access to court decisions may partly be responsible for limitations in the use of cross-citations.


Author(s):  
Thành Nguyen ◽  
Karthik Kannan

Competitive pressures have forced many traditional companies to evolve into a platform-based business model. Trade commissions and even supreme courts recognize the need for economic analysis as the nature of competition changes in the market. There have been many mergers and acquisitions across platform-based businesses. In the ride-sharing sector, Lyft and Didi Chuxing were initially in a partnership to thwart Uber but Uber merged its operation with Didi Chuxing eventually. Amazon and Walmart competed fiercely to buy the Indian online retailer Flipkart, which Walmart eventually won. Traditional antitrust models studying the implications of mergers do not consider the underlying network structure of these intermediary markets. This is the main focus of our model and analysis. We provide a network measurement to evaluate the effect of mergers on welfare. Our analysis shows that because of the underlying networks mergers can sometimes improve welfare.


2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Peter Koerver Schmidt

AbstractThe author explores whether legal pragmatism may function as a useful and adequate explanatory model for the case law on tax avoidance unfolding in the Danish Supreme Court. In doing so, the underlying ideas of philosophical and legal pragmatism are initially re-visited while the general interpretational approach of the Danish judiciary is briefly outlined. Subsequently, the general approach to interpretation of Danish tax law is presented and the prevailing opinions on tax avoidance in the Danish doctrine are touched upon. This provide the necessary foundation for the following legal analysis of the Danish Supreme Courts’ case law on tax avoidance. Based on this analysis, it is concluded that legal pragmatism may actually function as a useful and adequate explanatory model for the Danish Supreme Court's case law on tax avoidance. Awareness of this pragmatic inclination may facilitate a better understanding of the Danish Supreme Court's approach in difficult cases on tax avoidance and enhance the possibilities of predicting the outcome of such cases.


2021 ◽  
Author(s):  
Sabrina D'Andrea ◽  
Nikita Divissenko ◽  
Maria Fanou ◽  
Anna Krisztián ◽  
Jaka Kukavica ◽  
...  

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